The proliferation of platforms and formats like short-videos have changed the influencer marketing game for marketers, brands and creators. In this fast-evolving space, keep up with the big trends and hot topics that matter in Storyboard18’s Weekly Shorts in collaboration with affable.ai, an end-to-end AI-powered influencer marketing platform. Track how creators, communities and brands are engaging with users and disrupting marketing to get a sharp and fast insight into present and future trends.
How to keep your brand safe while running influencer campaigns?
Influencer marketing has grown so much that French lawmakers passed a bill in June 2023 to regulate influencers. Prohibiting the promotion of medical procedures, devices, and even betting and gambling — influencers and brands will now have to follow specific legal guidelines in the country.
So, more than ever before, you need to be aware of the influencer marketing legal issues when running a campaign. Like, in 2022, Kim Kardashian, America’s most successful social media influencer, was sued for $1.26 million for promoting cryptocurrency on social media without disclosing how much payment she received for the endorsement from EthereumMax.
The lawsuit reminds brands and influencers to adhere to influencer marketing legal guidelines. As more and more brands dive into influencer marketing, it has become essential for them to practice authentic influencer advertising on social media.
How to keep your brands safe from influencer marketing legal issues?
1. Perform thorough market research
Understanding the market you wish to advertise in is the first step in avoiding influencer marketing legal issues. A thorough market research includes an in-depth study of the market trends, the audience, and the geography in which you choose to share your branded content.
Here’s a list of questions you can answer a thorough market research:
What are the influencer marketing guidelines in the country you want to target?
What type of content does your target audience prefer?
What is the brand messaging that you wish to communicate?
What kind of influencers can help you share your brand messaging?
2. Partner with honest influencers
Partnering with influencers who are experienced, know their followers’ preferences, only share genuine content, and steer clear from unethical practices ensures safe and honest campaigns. Influencer marketing platforms such as affable.ai provide in-depth insights into an influencer’s community and content. Data such as influencer engagement rates, follower growth, brand affinity, and suspicious follower rate allow brands and agencies to make informed decisions while choosing an influencer.
3. Draft a detailed influencer contract
Whether a one-off engagement or a long-term influencer partnership, brands should always have a written agreement with influencers. Here’s a checklist you can use to create your influencer agreement:
Scope of work
Branding requirements
Campaign goals
Content deliverables
Preferred social media platform
Publishing frequency
Deadlines
Legal guidelines
Privacy policies
Reasons for cancellation or termination
Intellectual property rights
4. Encourage influencers to disclose the paid partnership
Non-disclosure of paid partnerships between brands and influencers is the most prominent influencer marketing legal issue. The Influencer Monitoring Report published by ASA in 2021 states that only 35 percent of influencers disclose material connections with brands in Instagram stories, highlighting the inconsistency in disclosures. Moreover, a 2019 study showed that around 28 percent of influencers were asked by brands not to disclose financial partnerships.
The brands are responsible for encouraging influencers to disclose paid endorsements to consumers. The best way to do this is by adding this as a clause in your influencer agreement to ensure influencers follow the guidelines.
5. Avoid using copyrighted content
Using copyrighted content is another influencer marketing legal issue that can land you a million or even a billion-dollar lawsuit. There are two ways to avoid this:
A. Ask influencers to create original material
Ask influencers to use their creativity instead of copying and pasting someone else’s work. You can cross-check the content for plagiarism to be sure. Be it an image, video, or sound, encourage influencers to churn fresh content.
B. Attain proper licenses for copyright content
If you have to use copyrighted material like trending songs for creating videos, obtaining a license from the owners is best. Considering the popularity of sound in marketing videos, YouTube Creator Music and TikTok Commercial Music Library have made it easier for brands and influencers to license music and avoid copyright infringement.
6. Review all influencer posts
With several examples of growing backlash on influencer content, it is wise to review influencer content before publishing. Amidst the rising debate over providing creative freedom to influencers, it can seem controlling to review influencer content. But to avoid risking your brand reputation, you must review influencer content without making too many edits to keep their creative voice intact.
This Weekly Shorts is written by the editorial desk of affable.ai